CISG
SLOVAKIA

OS TT - 9Cb/75/2010en

JUDGMENT

IN THE NAME OF THE SLOVAK REPUBLIC

[slovenske znenie]

 

The District Court of Trnava, decided by a single judge, JUDr. Martina Valentova, in the case of Plaintiff Z.E., spol. s r.o. [Seller], with its registered office in C.D., ___, Czech Republic, …, , versus Defendant B.A., spol. s.r.o. [Buyer], with its registered office in N. ___, [Slovak Republic], regarding payment of 16,000.- Euro [Eur] and appurtenances

 

has decided as follows:

 

[Buyer] is obliged to pay [Seller] 16,000.- Eur plus interest at the rate calculated for each half-year, which is the interest rate for two weeks repo operations published by the Czech National Bank in force on the first day of the respective half-year plus 7 for the period from 22 March 2008 until payment and the reimbursement of costs of the proceedings amounting to 1,103.74 Eur, within three days after the judgment comes into force.

 

REASONING

 

[Seller] claimed, by its action filed with the court on 11 June 2010, its right to payment of 16,000.- Eur with appurtenances (default interest), the right to payment of the purchase price under the contract of sale for delivered goods specified in the attached invoice, e-mail order and bill of lading, where [Buyer] failed to pay the sum in its entirety.

 

The Court gathered evidence by interrogating [Seller]’s legal representative and reading the submitted documents. It tried the case in [Buyer]’s absence in accordance with sec. 101 part 2 of the Civil Procedure Code ([Buyer] excused its absence at the hearing by a written motion delivered to the court on the day of the hearing but the court did not find it justified as the [Buyer] was personally served with the summons in due advance and had enough time to arrange for its personal presence at the hearing, the excuse also did not include a motion for adjournment of the hearing) and thereby determined the following factual and legal circumstances of the case:

 

[Seller]’s legal representative stated that [Seller]’s claim emerged from the business relations between the parties where [Seller] delivered the goods specified in the bill of lading for a price set in the order [Buyer] made, where [Buyer] paid the price only partially and [Seller] is asking for the outstanding sum in these proceedings. [Seller] also demands payment of the default interest, according to the Czech law.

 

Under article 5 part 1 a) b) of the Council Regulation no. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, the person domiciled in the Member state (including the registered office or the place of business) may, in another Member State, be sued in matters relating to a contract, in the courts for the place of performance of the obligation where in such case, unless otherwise agreed, the place of performance of the obligation in question shall be in the case of the provision of services, the place in a Member State where, under the contract, the services were provided or should have been provided.

 

Under the first sentence of article 3 part 1 of the Regulation no. 593/2008 of the European Parliament and Council on the law applicable to contractual obligations, a contract shall be governed by the law chosen by the parties.

 

Under article 4 part 1 a) of the abovementioned regulation, the contract of sale shall be governed by the law of the country where the seller has his habitual residence.


Under article 1 of the Convention on the Contracts for the International Sale of Goods published under no. 160/1991 Coll., this Convention applies to contracts of sale of goods between parties whose places of business are in different States when the States are Contracting States.

 

Under article 11 of the Convention, a contract of sale need not be concluded in or evidenced by writing and is not subject to any other requirement as to form. It may be proved by any means, including witnesses.

 

Under article 59 of the Convention, the buyer must pay the price on the date fixed by or determinable from the contract and this Convention without the need for any request or compliance with any formality on the part of the seller.

 

Under article 78 of the Convention, if a party fails to pay the price or any other sum that is in arrears, the other party is entitled to interest on it, without prejudice to any claim for damages recoverable under article 74.

 

With respect to the principal, as the unpaid purchase price, the Court found that there was a contractual relationship between the parties established by the contract of sale, under which [Seller] transferred title to the goods as an object of the sale and [Buyer] failed to pay the purchase price on time. [Seller] proved, by submitting documents ([Buyer]’s purchase order made via e-mail specifying the object of the sale, the amount of the goods and the price, the certificate of delivery confirmed by the person representing [Buyer], the international bill of lading proving dispatch of the goods, further e-mail communication between the parties proving that the claim is uncontested and the proof of partial payment by [Buyer]), that it fulfilled its obligations under the contract and that [Buyer] failed to pay the full price for the goods delivered. Since no such facts discharging the obligation of [Buyer] to pay the price were found, the court bound him to pay the asserted claim with reference to the cited provisions of the UN Convention on contracts for the international sale of goods published as notice no. 160/1991 Coll.

 

Since [Buyer] delayed the payment of its monetary obligation, the court also bound him to pay the interest under the abovementioned provision of the Convention. The court determined the interest rate by applying the Czech Commercial Code, being the applicable law as the law of the seller, since the Convention does not regulate the interest rate. [Seller] therefore has the right to payment of the interest in the rate prescribed by section 369 of the Czech Commercial Code, as specified in the judgment.

 

The Court ruled on the reimbursement of the costs of the proceedings with reference to sec. 142 part 1 CPC and granted [Seller] full reimbursement of its costs, as it was successful in asserting its claim in its entirety.


Instruction: An appeal against this judgment must be filed via this Court within fifteen days from its receipt.


District Court Trnava, 20 October 2010.

JUDr. Martina Valentova, Judge

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